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this post was submitted on 22 Sep 2024
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That seems like good evidence for a manslaughter charge.. It doesn't address motive at all, though, so wouldn't be enough to upgrade the charge.
Motive isn't required for murder charges. Premeditation is.
Premeditation isn't required for murder charges.
Malice aforethought is.
Eh, premeditation is required everywhere, 'malice aforethought' (might want to check the definition of it because even it has premeditation baked into the definition) is an additional component for some states and federal law.
If premeditation was a requirement, 2nd degree murder would not exist.
We're talking about a firearm crime though. Firearms safety training the first thing they tell you is the gun is always loaded so never point it at something unless you intend to kill it. This is my point. If he pointed it at her, he intended to kill her by definition according to his training. His stating it was a 'dry fire' means he says it wasn't a crime of passion, and so he's going for 'it was an accident' defence which as a trained officer he should not have access too.
They have a 1st degree case that will be plead down to 2nd degree/reckless indifference or maybe manslaughter depending on how corrupt the PA is.